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QA и Программирования
в Кремниевой Долине

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Terms and Conditions and Privacy Policy (jointly referred to as the "Usage Agreement") between User and QA at Silicon Valley, LLC
Last updated: December 9, 2020

Welcome tohttps://qasv.us. The https://qasv.us website (the "Site") is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your purchase, enrollment in and use of our products and services, including your access to the Site, are subject to these terms and conditions. Please read these Terms and Conditions and Privacy Policy carefully, and keep a copy of them for your reference.

By accessing or using the Site, you agree to be legally bound by these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not access or use the Site. The term "QA at Silicon Valley" or "QA at Silicon Valley California" or "us" or "we" or "our" refers to QA at Silicon Valley, LLC, the owner of the Site. The term "you" refers to the user or viewer of this Site. QA at Silicon Valley may, at any time and from time to time, modify these Terms and Conditions, and any such modifications will be effective immediately upon posting of the modified Terms and Conditions on the Site. You agree to review these Terms and Conditions periodically, and your use of the Site following any such modification constitutes your agreement to follow and be bound by the Usage Agreement as modified.

BY CONTINUING TO USE THIS SITE AND QA at Silicon Valley's SERVICES (THE "SERVICES") YOU WILL BE DEEMED TO HAVE CONFIRMED THAT YOU ARE (A) ABOVE THE AGE OF 21, AND (B) HAVE ACCEPTED OUR PRIVACY POLICY AS AN INTEGRAL PART OF THESE TERMS AND CONDITIONS.

At QA at Silicon Valley California we respect your privacy rights. We have created this privacy policy ("Privacy Policy") to explain how we treat the information collected and received from your use of our Services and our Site provided through the Site and any other websites or applications we own, operate, or control (the "Website(s)"). This Privacy Policy applies only to the Services, and we are not responsible for the practices of persons, companies, institutions or websites that QA at Silicon Valley does not control, manage, or employ. California Residents: If you are a resident of the State of California you have additional privacy rights, which are explained here https://qasv.us/addendumca.

QA at Silicon Valley is the data controller of your information. Please note that if you obtain access through Sponsored Services or our Employee and Enterprise Sponsored Access Services, the third-party sponsoring your participation in the Online Courses may provide us information subject to our agreement with them and therefore the third-party sponsor may be the controller with respect to such data.

By submitting any information to us, you acknowledge that we may collect, use, disclose and retain such information in accordance with this Privacy Policy and our Usage Agreement, and as permitted or required by law. If you do not agree with these terms, then please do not provide any information to us. QA at Silicon Valley may offer social sharing features as part of its Services which, among other features, allows you to make your career Profile (as described below in Profiles and Career Services Section) public as well as sharing your details and information, including your Online Course progress with others outside of the QA at Silicon Valley's Website(s) ("Social Sharing"). By electing to participate in any of our Social Sharing Services, you acknowledge that any information or materials you include in your Profile can be viewed by other persons accessing the Website(s), including potential or existing employers, as well as by others on applicable third-party websites. You also acknowledge that the information you share through Social Services may remain accessible on third party websites and/or to those you have shared the information with in the event you make your Profile private after having made it public and/or ceasing to share your information and that QA at Silicon Valley has no control over the access to or use of information provided to third parties via Social Sharing outside its Website(s).

What Information We Collect

We collect a variety of information that you provide directly to us. In general, we collect information from you through:

  • Using any of our Services, including registering for a User Account through the Website(s) and third party Services such as Google services etc.
  • Making a purchase from us, including registering and enrolling in any Online Course
  • Signing up for email updates
  • Uploading or posting to public forums included through the Services
  • Submitting requests or questions to us via forms or email
  • Requesting customer support and technical assistance


The types of data we collect directly from you include:

  • Name, address, telephone number and email address
  • Log-in credentials, if you register a User Account with us
  • Information about purchases or other transactions with us, such as your shipping address. Please note, however, that we do not collect, store, or transmit financial account information. Instead, we use a third-party payment processor to process our payments
  • Information about your customer service and maintenance interactions with us
  • Demographic information, such as your gender, socio-economic status, and other personal information
  • Information you provide to us in connection with any application or admissions process, including, for example, educational and work experience, prerequisite knowledge, any pre-assessment you complete, your goals, and other information
  • Information you provide in connection with career services, for example, salary information, job placement information, career goals, work experience, and other information
  • User-generated content you upload or post to public forums through the Services. Information needed in order to comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
  • Information from third parties about you in connection with any referral programs we may offer
  • Any other information you choose to directly provide to us in connection with your use of the Services


Participation in Online Courses. If you desire to participate in an Online Course, you will be asked to provide us with certain information necessary to conduct such an Online Course. This information may include, among other things, your name and email address. QA at Silicon Valley, or its third-party service providers, may also collect certain information from you in conjunction with assignments, exams and other assessments related to the Online Course. For example, as part of a proctored exam for an Online Course or to process your credential of completion for an education program, QA at Silicon Valley (or its third party service providers) may collect certain information from you in order to (a) verify or authenticate your identity or submissions made by you, such as a signature for a test or assignment log, a photograph or recording of you (e.g., using a webcam) or information included on a government issued or other photo identification card or document, or (b) monitor your performance during an exam to confirm that you are abiding by the applicable test rules or requirements (e.g., confirming that you are not using prohibited resources). QA at Silicon Valley may also collect information from you or about your performance or accomplishments related to the course, such as quiz/exam scores, grades, project evaluations, teacher evaluations and other evaluations of your performance or accomplishments.

Profiles and Career Services. You can choose to share additional information, such as your work experience, resume and transcript, your picture, and answers to questions about your experience, studies and work preferences, when you create a professional profile through the career services we offer through our Services. You can also share information by updating your Profile, uploading documents, or answering questions or surveys we email you or present to you through our Services. Collectively, the professional profile and the materials you provide through the career services are referred to as simply your "Profile".

Please note, that by electing to make your Profile public, you acknowledge that:

  • Your Profile and all the included information, materials, documents and pictures will be shared with, and publicly viewed by, other third parties also accessing the career services portal and the Services (including without limitation, potential employers, recruiters, other students or persons, and us);
  • Employers and other third parties accessing the career services portal can contact you via your email address (or any other contact information you have provided in your Profile); and
  • You and We can share your Profile and all the included information, materials, documents and pictures with employers, recruiters or career related third parties.


Information We Collect Through Automated Means Analytics Information. When you use our Services or our Site, we and our service providers (which are third party companies that work on our behalf) may use cookies, and similar technologies to track, collect and aggregate certain information including, among other things, which pages of our Website(s) were visited, the order in which they were visited, when they were visited, the URLs from which you linked to our Website(s), and which hyperlinks were "clicked." Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Website. Through such information, we may be able to determine from an IP address a user's Internet Service Provider and the general geographic location (city/state) of his or her point of connectivity.

We also use or may use these technologies to help us determine and identify repeat visitors, the type of content and sites to which a user of our Website(s) links, the length of time each user spends at any particular area of our Website(s), and the specific functionalities that users choose to use.

We use third-party web analytics services (such as those of Google Analytics or Yandex Analytics) on our Website(s) to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. We also provide a limited amount of your information (such as your email address and sign-up date) to Intercom, Inc. ("Intercom") so that Intercom can analyze Website usage on our behalf, which allows us to improve our Services. We may also use third-party services, (including Intercom), as a medium for communications, either through email, or through messages within our Service(s). The use of these any such medium may be subject to the terms and conditions and privacy policy for those service providers and you should carefully review those terms and conditions. If you would like to opt out of having this information collected by or submitted or have questions about other third-party service provider's collection of your information for this purpose, please contact us. For more information about our use of cookies and similar technologies, including how you can install the Google Analytics or Yandex Analytics Opt-out Browser Add-on to prevent Google from using your information for analytics, or otherwise control or disable cookies, please see our Cookies Policy.

Online Advertising. We may allow third party companies, including advertising companies (such as Facebook, Google, Twitter, Quora and Bing), to place cookies on our website. These cookies enable such companies to track your activity across various sites where they display ads and record your activities so they can show ads that they consider relevant to you as you browse the Internet. These Cookies store information about the content you are browsing together with an identifier linked to your device or IP address.

These Cookies also allow us and third parties to know whether you've seen an ad or a type of ad, and how long it has been since you've last seen it. This information is used for frequency capping purposes, to help tailor the ads you see, and to measure the effectiveness of ads. For more information about online advertising and how you can control or disable these cookies, please see our Cookies Policy.

Do Not Track Signals Currently. We do not currently monitor or take any action with respect to Web browser signals or other mechanisms for the expression of choice regarding collection of information about an individual over time and across third-party websites or online services (e.g., Web browser "do not track" signals).

Information We Collect from Social Media and Other Content Platforms. If you log-in to, or connect to, a third-party network (e.g., through a social network), or log-in to our Services or Site, through a social network site (e.g., Facebook), you may allow us to have access to and store certain information from your social network profile. This includes your name, gender, profile picture, depending on your settings on such services. If you do not wish to have this information shared, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.

Referral Programs. We may offer certain Users the opportunity to refer (Referrers) their friends ("Referees") to the Site through a third-party referral program whereby both Referrers and Referees may obtain credits or other rewards through such referrals. To the extent we offer such programs, the Referrers may share information about the Referees, including email addresses for the purpose of sharing the referral offer. We may also share the Referrer's email and name with the Referee as well as provide the Referrer the confirmation of the Referee's acceptance of the referral which may include Referee's email in connection with providing any such referral program.

How We Use The Information We Collect

We use your information for various purposes depending on the types of information we have collected from and about you and the specific services you use, in order to:

  • Send you information in connection with the Services
  • Respond to your communications and requests
  • Manage and process Online Courses, including but not limited to tracking attendance, progress and completion; administering exams, projects, and other assessments; verifying a User's identity as part of a proctored exam or exit interview for an Online Course; and monitoring performance during an exam to confirm that you are abiding by the applicable testing rules or requirements
  • Provide Services to you, such as services that you request in conjunction with the Online Courses
  • Contact you by email, postal mail, or phone (including via SMS messages) regarding QA at Silicon Valley and third-party products, services, surveys, research studies, promotions, special events and other subjects that we think may be of interest to you
  • Customize the content we provide through the Services
  • Help us better understand your interests and needs, and improve the Services
  • Engage in analysis, research, and reports regarding use of the Services
  • Secure the Services
  • Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
  • Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others


Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

Aggregate/Anonymous Data. We may aggregate and/or anonymize any information collected through the Site so that such information can no longer be linked to you or your device ("Aggregate/Anonymous Information"). We may use Aggregate/Anonymous Information for any purpose, including without limitation for research and marketing purposes, statistical analyses of Website(s) usage, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

How We Share and Disclose Your Information

QA at Silicon Valley will share your information in the following ways:

  • Service Providers. We provide access to or share your information with operations and maintenance contractors and other third parties who perform services on our behalf. They have access to perform these services but are prohibited from using your information for other purposes. They provide a variety of services to us, including billing, sales, marketing, test proctoring, product content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, payment processing, and legal services.
  • Employers. We may share the information that we collect from you when you participate in an Online Course if the course is sponsored or paid for by your employer. For example, we may share with your employer pre-assessment results, the Online Courses you are interested in, your progress in the course, including project status, time spent actively involved in or with an Online Course or interacting with your Mentor, and/or evaluations and performance assessments. If you make your Profile public on the Website, and your employer has access to the Website, then your employer will have the ability to view your Profile information and materials. This information may be shared at any time during the course or afterwards.
  • Educational Institutions and Scholarship Partners. If you are taking a course sponsored or associated with a particular Educational Partner (e.g., such as a university, person or scholarship/sponsored partner), we may share information about you and your performance with the university, person or scholarship partner, including to report on your progress in the course. Information shared with our Educational Partners will be subject to the privacy policies and procedures of such partners.
  • Business Partners. With your consent, QA at Silicon Valley may share information that can be used to directly contact you with third party business partners, such as companies that may be offering products or services or other opportunities that may be of interest to you.
  • Protection of QA at Silicon Valley and Others. By using the Website, you acknowledge and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order) or law; (b) enforce our Usage Agreement, Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of QA at Silicon Valley, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, compliance with applicable law, and spam/malware prevention, and similar purposes.
  • Profiles and Career Services. If you make your Profile public, your information will be publicly accessible and further share with our network of hiring partners, including, without limitation, performance in online courses, demographic information (such as gender), details of your Profile and other information related to your work experience and goals.
  • Related Entities and Affiliates. We may share information with our affiliated companies that are under common ownership or control of QA at Silicon Valley.
  • Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of QA at Silicon Valley's assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, QA at Silicon Valley will comply with such restrictions.
  • Aggregate/Anonymous Information. From time to time, QA at Silicon Valley may share Aggregate/Anonymous Information about the use of the Services, such as, but not limited to, publishing a report on usage trends or survey results, as well as graduation rates, careers studies and success rates, and other demographic information provided to us by our Students. The sharing of such data is unrestricted.

Data Subject Rights and Your Choices

You may have certain rights with respect to your information as further described in this section.

Your Legal Rights. If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us at info@qasv.us. Your local laws, such as in the European Union, may permit you to request that we:

  • provide access to and/or a copy of certain information we hold about you
  • prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
  • update information which is out of date or incorrect
  • delete certain information which we are holding about you
  • restrict the way that we process and disclose certain of your information
  • transfer your information to a third-party provider of services
  • revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation.

To the extent that you make such a request, we require certain information to help verify your request and prevent fraudulent information and removal requests. Specifically, we ask that you provide the following pieces of information:

  1. Username and email address associated with your QA at Silicon Valley User Account;
  2. Online Courses currently or previously enrolled in;
  3. Approximate date of User Account registration;
  4. Information you want to view and/or request removed;
  5. Country of residence;
  6. A statement under penalty of perjury that all information in your request is truthful and that this is your User Account or that you have the authorization to make the request on behalf of the owner of the User Account.


Depending on the circumstances and the information you request, we may require additional methods of verification in our discretion.

Communications & Notification Preferences and Opting Out. We provide our Users with the opportunity to update their information or to opt out of having their contact information used for purposes not directly related to payment or servicing of your account.

If you are a Student and wish to opt out of any of the communications offered by QA at Silicon Valley, you may do so at any time, please contact us by emailinfo@qasv.us.

If you are not a Student, or wish to opt out through alternative means, you may opt out as follows: Contact us by email at info@qasv.us.

Please identify the communication methods (e.g., phone, email, or SMS text message) by which you desire to stop receiving messages.

You may unsubscribe from our commercial or marketing email communications at any time by contacting us by email at info@qasv.us. If you have opted in to receive marketing text message communications from QA at Silicon Valley, you can opt out of those messages by following the instructions in those messages or by contacting us at the information provided above.

Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

Retention of Your Information

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

Third Party Links and Features

The Site contains links to third-party websites such as social media sites, and also contain third-party integrations (such as the Facebook "like" button or Slack/GitHub integration) and functionalities. If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. QA at Silicon Valley is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third-parties.

Children's Privacy

Children under the age of 13 are not permitted to purchase or enroll in our Services. QA at Silicon Valley is intended for general audiences and not for children under the age of 13. If we become aware that we have inadvertently collected "personal information" (as defined by the United States Children's Online Privacy Protection Act) from children under the age of 13 without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.


QA at Silicon Valley's Intellectual Property Rights


All Services, including Website(s) and courses, are owned by QA at Silicon Valley and its licensors. These resources are for your personal and non-commercial use only. You may not enroll in or use any Services for the benefit of any competitor of QA at Silicon Valley. Services may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without QA at Silicon Valley's prior written permission. All books, video, audio, text, questions, explanations, diagrams, images, animations and other content that you receive or to which you have access by virtue of your enrolment in our programs, regardless of medium or format, (collectively, "Program Content"), are protected by copyright law and belong to QA at Silicon Valley and its licensors. You may not download, record, screenshot, copy or reproduce Program Content in any way. You may not make any audio and/or video recording of a class or any part of your Program. You may not attempt to decompile, reverse engineer, scrape or datamine Programs. The trademarks, service marks, designs, and logos displayed in Programs are the registered and unregistered trademarks of QA at Silicon Valley, its licensors and third party providers and may not be used without QA at Silicon Valley's prior, written permission. Third party products are owned by such third parties and their respective licensors.

Programs may include digital access to Program Content. Subject to your compliance with these terms and conditions, QA at Silicon Valley grants you a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content during the access period of your Program. Access periods may be viewed from the account management page of your QA at Silicon Valley online account.


All Information Provided by QA at Silicon Valley is for Informational Purposes Only. Neither the editors, school owners nor the author or instructors are responsible for any possible harm caused by this information. By using our online course you agreed to use all information from us at your own risk and responsibility.

Tuition Payments for QA at Silicon Valley's Services

Depending on a particular course, you may be eligible for a promotional discount for a particular course, if payment, including the non-refundable registration fee, is made in full and in advance of the course start date or within 3 days of the course start date. No discounts are offered for payments made after the third day of the course start date. Failure to pay the tuition in full within the first week of the course start date will preclude you from continued participation in any course.

QA at Silicon Valley allows you to attend up to two (2) first QA Course lessons of each course for free. These first two (2) lessons are offered on a trial basis and are free of charge to allow you to experience the QA Course and to determine if it is right for you. If you already paid your tuition fees before or during the first two (2) lessons and do not wish to continue with the course, you may request a refund which must be done within the first week of the course start date. Upon receipt of your timely request, we will issue you a full refund of the tuition paid, not including the registration fee, within 30 calendar days. No refund requests will be honored if requested after the first week of the course start date.


NONE OF THE PROGRAMMING COURSES HAVE A FREE TRIAL PERIOD AND TUITION FOR THESE COURSES MUST BE PAID IN FULL BEFORE THE COMMENCEMENT OF THE COURSE.

NONE OF THE CONSULTING SERVICES OFFERING BY "QA AT SILICON VALLEY" HAVE A FREE TRIAL PERIOD AND SHALL BE FULLY PAID BY CUSTOMER BEFORE ANY CONSULTING SERVICES WILL BE PROVIDED. ALL CONSULTING SERVICES FEES ARE NON REFUNDABLE.

International Users

The Site is primarily intended for U.S. residents. If, however, you are a resident of the EU then you have additional privacy rights, which are explained here https://qasv.us/addendumeu. These rights are additional to those described in this Privacy Policy.


QA at Silicon Valley stores information about visitors to our Website and users on servers located in the United States. By using our services, you consent to the storage of your information inside the United States. If you are using the services from outside the United States and the European Union, please know the information you submit will be transferred to and stored in servers in the United States or other countries. The data protection and other laws of the United States and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our services, you acknowledge the transfer, storing, and processing of your information in and to the United States.

How We Protect Your Information

We consider the confidentiality and security of your information to be of the utmost importance. QA at Silicon Valley takes a variety of technical, administrative, and physical measures to protect your information from disclosure to or access by third parties. Please note that we do not guarantee the security of information, as no method of Internet transmission or storage is completely secure. Also note that we may retain and store your information in our databases and systems even after your QA at Silicon Valley account is deactivated as long as we have a legitimate purpose to do so and in accordance with applicable law.

Changes To Our Privacy Policy

Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Website(s). By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy. Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

Disclaimer

This Site is provided by QA at Silicon Valley on "AS IS" and "AS AVAILABLE" basis. While QA at Silicon Valley attempts to keep all the information on the Site up-to-date, this Site should not be considered error-free or as a comprehensive source of all information on a given topic. QA at Silicon Valley makes no warranties or representations as to the accuracy of the content of the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this Site. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and otherwise on the Site. You assume the entire risk of loss in using this Site as well as the information and materials contained on the Site.


TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QA AT Silicon Valley DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QA AT Silicon Valley DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM QA AT Silicon Valley ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QA AT Silicon Valley WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ITS SERVICES AND PROGRAMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.


SERVICES AND MATERIALS OFFERED ON THIS SITE MAY NOT BE ERROR-FREE. NEITHER QA AT Silicon Valley NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED IN THE SITE (1) ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON THIS SITE; OR (2) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THIS SITE. ALL INFORMATION, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS QA AT SILICON VALLEY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AND AGENTS FROM ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SITE, WEBSITE(S), COURSES OR PROGRAM AND ANY VIOLATION BY YOU OF THESE TERMS AND CONDITIONS.

LINKS FROM THIS SITE TO NON-QA AT SILICON VALLEY SITES DOES NOT CONSTITUTE AN ENDORSEMENT OR REFERRAL OF THE NON- QA AT SILICON VALLEY SITES. QA AT SILICON VALLEY MAKES NO REPRESENTATIONS OR CLAIMS AS TO INFORMATION OR MATERIALS PROVIDED BY SUCH NON- QA AT SILICON VALLEY SITES, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.


YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THIS SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


Dispute Resolution

These Terms and Conditions and your use of the Site shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any and all disputes between QA at Silicon Valley and you, whether or not arising out of these Terms and Conditions, Code of Conduct, Courses, Program, or any products you purchase through the Site, must be tried and litigated exclusively in the State or Federal courts located in San Diego, California, and you consent that these courts have personal jurisdiction over you for the purpose of adjudicating all matters arising between you and QA at Silicon Valley. Each party authorizes and accepts service of process sufficient for personal jurisdiction in any action against the party as contemplated by this section by registered or certified mail, return receipt requested, postage prepaid.

To the extent you have in any manner violated or threatened to violate QA at Silicon Valley's intellectual property rights, proprietary information or trade secret, QA at Silicon Valley may seek injunctive or other appropriate relief in the State or Federal court in the State of California, County of San Diego, and you consent to exclusive jurisdiction and venue in such courts.

The prevailing party in any litigation, arbitration, bankruptcy, insolvency or other proceeding ("Proceeding") relating to or arising out of this Agreement, Terms and Conditions, Code of Conduct, Courses, Program, or any products you purchase through the Site, may recover from the other party all costs, expenses, and actual attorney's fees (including expert witness and other consultants' fees and costs) relating to or arising out of (a) the Proceeding (whether or not the Proceeding proceeds to judgment), and (b) any post judgment or post award proceeding including, without limitation, one to enforce or collect any judgment or award resulting from the Proceeding. All such judgments and awards will contain a specific provision for the recovery of all such subsequently incurred costs, expenses, and actual attorney's fees.


Miscellaneous

If any provision in this Usage Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. QA at Silicon Valley reserves the right to alter or delete materials from this Site at any time at its discretion.

If you have any questions, comments or complaints about this document or any other information on the Site, please contact us at info@qasv.us
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